Top Rated Local® California Privacy Notice

Top Rated Local® Privacy Policy for California Residents

Last Updated on December 13, 2019. This privacy policy is effective immediately.

At Madwire, LLC d/b/a Top Rated Local (the “Company,” “Madwire,” or “We”), we respect your privacy and are committed to protecting it through our compliance with this policy.

This Privacy Policy for California Residents supplements the information contained in Top Rated Local’s general privacy policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). This policy has been adopted to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

This policy describes the types of information we may collect from you or that you may provide when you visit any of our Websites, including but not limited to, marketing360.com, topratedlocal.com, mymarketing360.com (our “Websites”), access our Marketing 360®, Websites 360® and Top Rated Local® software platforms, access any of our mobile applications or otherwise utilize any of our services (collectively the “Madwire Services”). This policy also outlines the process for collecting, using, maintaining, protecting, and disclosing that information, and provides you with specific rights and choices you have as a California Resident.

Information We Collect

Within the last twelve months, Madwire has collected the following categories of personal information from its consumers:

CCPA Information Category	Examples of Information Collected ( some categories may overlap)
A. Identifiers	Identity Data – first name, maiden name, last name, alias, username, or similar identifier, title, gender, date of birth Contact Data – postal address, email address, telephone number
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Financial Data – bank account and payment card details Identity Data – first name, maiden name, last name Contact Data – postal address, telephone numbers
C. Commercial information.	Transaction Data – details about payments to and from you and other details of products and services you have purchased from us Usage Data – information about how you use our website, products, and services Profile Data – your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses
D. Internet or other similar network activity.	Profile Data – your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses Usage Data – includes information about how you use our website, products, and services. Marketing and Communications Data – your preferences in receiving marketing from us and our third parties and your communication preferences Technical Data – includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
E. Geolocation data.	Technical Data – time zone setting and location

Please note that personal information does not include:

• Publicly available information from government records
• Deidentified or aggregated consumer information
• Information excluded from the CCPA’s scope, like:
• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

We do not collect any of the following Special Categories of Personal Data about you:

Protected classification characteristics under California or federal law : Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

Biometric Data : Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Sensory Data : Audio, electronic, visual, thermal, olfactory, or similar information.

Professional or employment-related information : Current or past job history or performance evaluations.

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C., Section 1232g, 34 C.F.R. Part 99)).

How We Collect Personal Information

Madwire obtains the categories of personal information listed above from the following sources:

• Directly from our customers or website users when they provide the information to us.
• Indirectly from you, as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
• From third-party service providers under service contracts.

Use of Personal Information

Madwire may use the categories of information collected above for a variety of business purposes, including the following:

• To present our Website and its content to users.
• To provide you with information, products, or services that you request from us.
• To provide you with information about our services.
• To provide you with notices and your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising under any contracts entered into between us and our customers, vendors and partners, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide.
• To allow you to participate in interactive features on our Website.

In the past twelve (12) months, Madwire has used the following categories of personal information for a business purpose:

Category A: Identifiers

Category B: California Customer Records personal information categories

Category C: Commercial Information

Category D: Internet or other similar network activity

Category E: Geolocation Data

Additionally, Madwire may disclose your information to a third party for a variety of purposes, subject to your right to opt-out of those disclosures (see Personal Information Sales Opt-Out Rights below). In all instances where Madwire discloses your information to a third party, we contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

In the preceding twelve (12) months, Madwire has disclosed the following categories of personal information to third parties:

Category A: Identifiers

Category B: California Customer Records personal information categories

Category C: Commercial Information

Category D: Internet or other similar network activity

Category E: Geolocation Data

Finally, Madwire may also utilize your information for the following reasons, which are considered exceptions under the CCPA:

Service Provider Exception – Madwire may disclose your personal information to a third party for a business purpose and under a written contract that contains specific clauses.

Consumer-Directed Transfer Exception – Madwire may act on a request you make to interact with or disclose your information to a third party.

Honoring Sales Opt-Out Requests – If you exercise your right to opt out personal information sales, Madwire may use your personal information solely to inform others about your request.

Complying with Law – Madwire may disclose your personal information to comply with any court order, law or legal process, including to respond to any government or regulatory request.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability

You have the right to request that Madwire disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and verify your request, we will disclose to you:

1. The categories of personal information we collected about you
2. The categories of sources for the personal information we collected about you
3. Our business or commercial purpose for collecting that personal information
4. The specific pieces of personal information we collected about you (also called a data portability request)
5. If we disclosed your personal information for a business purpose, a list disclosing:
1. Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Madwire delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your consumer request, we will delete (and direct any applicable service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq. or other legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Opt-out Rights

You have the right to opt-out from any future sale of your personal information. To exercise these rights please visit www.marketing360.com/donotsell .

Exercising Your Rights

To exercise your rights under the CCPA as a California consumer, please submit a request to our appointed data protection officer, who is responsible for overseeing requests in relation to this notice, at one of the below points of contact.

Email: privacy@madwire.com

Phone: 855-773-8171

Postal Address: Madwire, LLC
Attn: Data Privacy Officer
3405 S. Timberline Rd.
Fort Collins, CO 80525

In order to verify your request, please provide sufficient information that allows us to reasonably verify you are the person about whom we collected information, or that you are an authorized representative of such person. Please describe your request with enough detail that allows us to properly understand, evaluate, and respond to it. Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You make also make a request on behalf of your minor child. Please note that, under the CCPA, consumers may make up to two verifiable requests in any twelve-month period.

COPPA and Minors Declaration

We do not knowingly collect personal information or data about minors under the age of 16. We do not sell any personal information regarding minors under the age of 16. If you have reason to believe that believe that we have collected information about a minor under the age of 16 please alert us as soon as possible by contacting the Data Privacy Officer at one of the below points of contact.

Email: privacy@madwire.com

Phone: 855-773-8171

Postal Address: Madwire, LLC
Attn: Data Privacy Officer
3405 S. Timberline Rd.
Fort Collins, CO 80525

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the contact link or write us at: 504 W. Eisenhower Blvd. Loveland, CO 80537.

Changes to This Notice

Marketing 360 reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.